
Under the 'fruit of the poisonous tree' doctrine, evidence derived from an unlawful search or seizure is generally:
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Get StartedUnder the 'fruit of the poisonous tree' doctrine, evidence derived from an unlawful search or seizure is generally:
Options:
- Always admissible if it is damaging to the defendant
- Excluded unless an exception like independent source or attenuation applies
- Admissible only in civil trials
- Automatically admissible at sentencing
Correct answer: Excluded unless an exception like independent source or attenuation applies
Explanation: The doctrine, articulated in cases like Silverthorne Lumber Co. (1920), means derivative evidence is normally excluded; the exclusionary rule was applied to states in Mapp v. Ohio (1961), subject to recognized exceptions.
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